civus
Hearing video

ZBA Hearing - May 4, 2022

Philadelphia Zoning Board of Adjustment (ZBA)May 4, 20225h 13m

Leave the gun.

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here we currently have 40 attendees we can begin as you wish thank you good morning my

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name is Bill Bergman, and I will be chairing this morning's EVA hearings. With me is Carol

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Tenere, our vice chair. Present, Mr. Chairman. Ismail Shahid, our board secretary. Present,

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Mr. Chairman. Thomas Holliman, our board member. Present, Mr. Chairman. And James Snell, our board

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member. Present, Mr. Chairman. Also here is our Executive Director, Tanya Sunkett, and our attorney,

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Hillary Emerson. Before we start, here's our virtual format. Be advised, proceedings are

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being recorded. By participating, you acknowledge your agreement to be recorded. A video will be

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available by contacting tonyasunkett at phila.gov. For the benefit of our court stenographers,

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we ask that attorneys and witnesses identify themselves before testifying.

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If you're participating by phone, if you wish to testify, press star 9 to raise your hand

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and star 6 to unmute. To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And lastly, please note the question-answer box is not for testimony or comments.

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Any comments should be directed to Tanya Sunkett, our executive director.

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Let's start with continuances for this morning's hearings.

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Number five.

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Let me go back here.

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Number five, MI 2021-003-217-225 South 52nd Street.

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Number eight, MI 2021-005-235-3232 Henry Avenue.

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And number 14, MI 2021-005-236-776 Martin Street.

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All three of these cases are continued.

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Are there any comments in the virtual audience relative to these three cases?

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Mr. Chair, this is Hillary.

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For number five, the request for continuance was attorney moving party.

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Thank you.

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Chair, we have Mr. James Hellings with his hand up.

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Mr. Hellings, please unmute yourself or wait for the chair.

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Hi, could you state your name and spell for the court reporter, please?

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Yes, good afternoon, all.

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I mean, good morning, all.

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James Hellings, J-A-M-E-S-H-E-L-L-I-N-G-S.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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What are these three cases, sir?

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776 South Martin Street.

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Okay.

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Your comments relative to it?

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Yes.

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Go ahead.

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We are the owners of the property.

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We do have a baby due, so I was hoping if...

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Oh, no, no, no, no.

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I didn't know if we could have it until like August time frame or that.

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What we'll do is contact our office.

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Okay.

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We're aware of that.

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We're continuing this and we understand your situation.

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Thank you so much.

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I appreciate it very much.

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Anyone else?

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Chair, we have someone with the phone number ending at 6917.

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Caller, please unmute yourself and wait for the chair.

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Caller, please unmute yourself and wait for the chair.

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Good morning.

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Can you hear me, Karen?

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Hello?

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Hi, could you state your name and spell for the court report?

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Yes, my name is Joseph Bergen, B-E-R-G-A-N.

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I'm the president of a civic association,

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a neighborhood civic association, and we requested...

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Wait one minute.

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Wait one minute.

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Do you swear for him to tell the truth, the whole truth,

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and nothing but the truth?

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I do. What case? It's the case regarding 5312-18 Ridge Avenue.

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And that was continued. I had a mutual agreement.

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That's on the two o'clock list, Mr. Chair. This is Hillary. Okay, that's right, the other one.

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Could you call back in at two o'clock, please, sir? My apologies. That's fine. That's fine.

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thank you any other comments about chair we have someone by the name of lawrence callie

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mr callie please unmute yourself and wait for the chair

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good good morning mr chairman larry callie c-a-l-l-i from callie law i'm an attorney on

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behalf of the applicant at three two three two henry avenue um wait a minute do you swear

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for him to tell the truth, the whole truth, and nothing but the truth. Yes, sir, I do. And

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our request is for continuance today, Mr. Chairman. My architect is unavailable. She's

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in flight, and we have yet to discuss with the RCOR project. It's a very simple proposal

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for a sign. We've already continued that, sir. Wonderful. Thank you, Mr. Chairman. So we'll

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reach out to the office for the new date. Is that right? Yes. Very good. Thank you, folks. Have a

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wonderful day. Case number one, MI-2021-005225, Bart Levy's the attorney. Mr. Levy?

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There, I don't see Mr. Levy's hand up. MI-2021-005225, 120 North 53rd Street. The case

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has continued. The exhibits came in too late to process. Any other requests for continuing with

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this? Chair, I have Mr. Stevenson Dunn with his hand up. Mr. Dunn, please unmute yourself and wait

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for the chair. I'm sorry, Mr. Chairman. Can you hear me now? I can. Could you state your name and

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spell for the court reporter? I'm Bart Levy. You just addressed me. Mr. Levy, your case has

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continued thank you mr chairman all right any other requests for continuances

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um mr chair is that going to be a must be heard on mr levy we could do that yep must be heard

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thank you any other continuances i see no hands at this time chair any withdrawals

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there are no hands up at this time chair we're going to go to the add-on case

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mi 2021 005095 this is a request for reconsideration of 2412 north 13th street i vote no

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carolton airy my vote is no thomas hallowen my vote is no to reconsideration

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James Snell my vote is no to reconsideration

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Ishmael Shaheed my vote is no to reconsideration

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We're going to go to the regular list and I'm going to start with number 11

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MI 2021 005232 4801 Jefferson Street

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Lynn Nichols is the attorney

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letter of support from Parkside Association of Philadelphia RCO. Chair, Ms. Nichols is coming

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back in as a panelist now. Thank you. Morning, Ms. Nichols. Could you state your name and spell

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for the court reporter? Good morning, Mr. Chair. My name is Lynn Nichols, L-Y-N-N, last name N-I-C-H-O-L-S.

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Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Could you identify your client and state the relationship they have with the property?

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Our client present today on behalf of the owner rep is Sean Dwyer, and he is the owner rep for Super Enterprises, LLC.

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Right. Our vice chair, Carol Tenere, has a few questions.

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Hi, Ms. Nichols. Do you agree to wave the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Yes, I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing?

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Have you emailed the exhibit packet with proof of ownership?

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And have you met with the RCO and do you have a letter?

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Yes, we have and yes.

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Okay, thank you. You may proceed and share your screen.

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Thank you.

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Thank you.

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Can everyone see my screen?

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yes thank you members of the board miss mr chair madam vice chair and members of the board this

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application is for an addition with a roof deck above a previously approved detached structure

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in our project presentation we have the zoning use application the application for appeal the

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project information form a deed to the property showing the owner of super enterprises llc

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Our tax certification. Here are some photos of the property showing a view looking to the right

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of the entrance of 4801 Jefferson. This is a photograph of a view looking to the left of

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the entrance of 4801 Jefferson. We have a view looking across from 4801 Jefferson.

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Here is a view facing the front of 4801 Jefferson.

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a view of 4801 jefferson from the 1700 block of north 49th street

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this is a view of the rooftop another view of the rooftop

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an additional view of the rooftop a view looking at 4801 jefferson from the 4800 block of jefferson

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these are the impacted neighbors proof of mailing of the impacted neighbors

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Here is the zoning notice that was posted for this hearing today.

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This is the notice of refusal.

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These are the plans that were submitted.

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This is showing the rooftop addition as drawn on the plans.

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And finally, this is the RCO summary and support.

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The roof deck was part of an original plan that was scaled back due to budget restrictions.

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With the influx of capital, they were able to put it back into the project and amend

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the plans.

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We had to go back to the RCO again for a second approval, which we were able to obtain, and members of the board, we come back to you to get approval for the roof deck so that we can obtain the Certificate of Occupancy.

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At this time, I would like to call our witness, Sean Dwyer.

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Mr. Dwyer, please unmute yourself and please wait for the share.

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Mr. Dwyer, state your name and spell for the court reporter, please.

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Sean, S-E-A-N, Dwyer, D-W-Y-E-R.

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You swear for him to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Proceed.

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Thank you, Mr. Chair.

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Mr. Dwyer, do you agree with and adopt my presentation and testimony given here today

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for the property located at 4801 Jefferson?

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I do.

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And are you here as the owner rep on behalf of Super Enterprises, LLC?

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I am.

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Thank you.

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I have no further questions.

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Mr. Chair, do you have any questions from the board?

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Good morning, Chair Bergman.

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David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.

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Do you swear, firm, to tell the truth, the whole truth, and nothing but the truth?

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Yes, sir, I do.

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Proceed, sir.

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Thank you, sir.

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Mr. Chairman, members of the Board, the comprehensive plan recommends no change to the industrial

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zoning at this location.

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While there is no hardship that would require a roof deck to be built to enable viable use

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of this warehouse, a roof deck also would not impact the use of adjacent properties.

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the city planning commission recommends that the board grant the use variance

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thank you before we vote please put on the record Mr. Ismail Shahid our board secretary has recused

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himself from this vote MI 2021-005-232-4801 Jefferson Street I vote yes

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Carol Tenere my vote is yes Thomas Holloman my vote is yes James Snell my vote is yes

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Thank you.

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thank you

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thank you Mr. Chairman

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Thank you, Mr. Chairman.

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Case number two, MI 2021-005-228-1538 West Tioga Street.

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Henry Clinton is the attorney.

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Letter of support from Nicetown Tioga Improvement Team RCO.

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good morning mr clinton could you state your name and spell it for the court reporter

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sure henry clinton c-l-i-n-t-o-n you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do first um could you identify your client and the relationship to

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the property? Sure. My client is Archbishop Blount, B-L-O-U-N-T, and he is on the call

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by telephone. Thank you. Our Vice Chair, Carl Tenere, has a few questions.

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Hi, Mr. Clinton. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do. Have you emailed the exhibit packet with proof of ownership, tax compliance,

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a copy of the refusal or referral, photos and or plans of the property five days in advance

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of this hearing and have you met with the rco and do you have a letter yes to all the above

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thank you you may proceed and share your screen

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is that visible it is yes uh good morning mr chairman members of the board uh i'm here on

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behalf of the owner qm lm llc the principal of which is archbishop blunt b-l-o-u-n-t who

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is on the call with me. This matter concerns a property 1538 West Tioga. It's basically a three

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story shell, as I'll show you throughout the presentation. And we're asking that the use

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be returned to what it once was, which is a three family dwelling. This is my table of contents

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containing exhibits AA through A11, all of which I asked to be admitted.

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appearance statement. This is the refusal, the key document, indicating that this is an RSA 5 zone,

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and even though once was used as a three-family dwelling, it's been vacant for a number of years,

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and therefore the zoning revert to what it is in the zoning district, which is RSA 5,

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which is the reason we're before the board to basically ask that the RSA 5 zoning district

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we get some relief from that so that we can return to the use as a three-family dwelling.

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We do have an RCO letter of support from Nice Town Tioga Improvement Team. We did meet with

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them and presented the same presentation basically that I'm presenting to the board today. This is a

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photograph of the property to the left. Excuse me. Yes, to the left, to the right. This was also

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